Cannabis, an electoral issue for the next American presidential election

The next U.S. presidential election will be held in November 2020. We already know that Trump will be the Republican nominee, but the Democratic nomination is still up for grabs. So far, seven Democrats have entered the presidential race, and some of them—if they end up becoming president—could legalize or decriminalize cannabis at the federal level. In any case, the growing popularity of cannabis in the United States makes legal reform a key element of the presidential election debates and campaign strategies.

Kamala Harris

The most recent candidate to join the presidential race, Kamala Harris, began her career as a prosecutor in San Francisco and later served as California’s attorney general before becoming a senator. She is primarily an advocate for criminal justice reform. In her view, prohibition has led only to mass incarceration and the disproportionate criminalization of people of color. She recommends treating drug users as patients rather than criminals. «The war on drugs has been an abject failure,» she said.

She initially advocated for the federal decriminalization of cannabis, but today she has firmly taken a stand in favor of legalization—which earned her an “A” rating in NORML’s ranking of pro-legalization politicians. Kamala Harris notably added her name to Senator Cory Booker’s bill, the CARERS Act, which aimed to remove cannabis from the list of federally controlled substances and penalize states whose cannabis laws disproportionately target communities of color.

The fact is, marijuana laws are not applied and enforced in the same way for everyone. That’s why I’ve signed on to @CoryBooker’s Marijuana Justice Act to legalize marijuana at the federal level. It’s the smart thing to do. pic.twitter.com/JD5qqm0bfU

— Kamala Harris (@KamalaHarris) May 10, 2018

ADVERTISING

She also signed the SAFE Banking Act to give cannabis entrepreneurs access to financial and banking services, but overall, compared to other candidates, she supported few reforms regarding cannabis. Nevertheless, when Jeff Sessions rescinded the Cole memo which protected state cannabis laws, she opposed it and called his vision backward: «This administration and Jeff Sessions want to take us back to the Middle Ages.» she said during a speech at the Center for American Progress.

But it is in his recently published book, The Truths We Hold, that it takes a clear stance in favor of cannabis legalization and some form of retroactive justice. She recommends not only to «legalize and regulate cannabis» but also to «expunge nonviolent cannabis-related offenses from the criminal records of millions of people who have been arrested and incarcerated, so that these individuals can continue to lead normal lives.».

As states move toward legalizing marijuana, let's remember how many lives have been ruined because of our regressive policies. We must focus on restorative justice.

ADVERTISING

— Kamala Harris (@KamalaHarris) December 11, 2018

Tulsi Gabbard

A member of Congress since 2013, Tulsi Gabbard currently represents Hawaii in the Senate. She has repeatedly spoken out in favor of cannabis law reform and notably co-sponsored Cory Booker’s CARERS Act. She received a B+ rating from NORML, yet she has supported more cannabis-related legislative initiatives than her colleague Kamala Harris—including one to protect state medical cannabis programs from federal interference, another to legalize hemp, yet another to protect banks that provide services to cannabis businesses, and others to resolve the numerous conflicts between state and federal laws on the subject. Finally, she has signed on to bills aimed at removing barriers to research and removing CBD from the list of controlled substances. In particular, she was the lead Democratic sponsor of a measure to decriminalize cannabis at the federal level.

When Jeff Sessions rescinded the memo, she protested and posted a long Twitter thread which identify the main victims of the decision: veterans, the sick and their families, and consumers who have been unfairly criminalized. She also highlighted the promising role of medical cannabis and its potential to combat the opioid crisis.

I’m calling on @HHSGov to allow medical marijuana to serve as an alternative pain management treatment to opioids in order to help curb the ongoing opioid epidemic. 2/2

— Former Rep. Tulsi Gabbard (@TulsiPress) November 28, 2017

According to her, current federal policies are not based on scientific evidence and facts but on «inappropriate stigmas and outdated myths»: «For decades, flawed data and misinformation have fueled the War on Drugs, which has wasted billions of taxpayer dollars on incarcerating Americans for nonviolent cannabis-related offenses.».

Kirsten Gilibrand

Kirsten Gilibrand, who is also a senator and representative from New York, has been advocating for the legalization of cannabis for several years now. She has co-sponsored numerous bills and frequently discusses the issue on social media, which has earned her an A in the NORML rankings. In particular, she co-sponsored the CARERS Act and the Marijuana Justice Act by Cory Booker, which aimed to end federal prohibition and redress the harm it has caused to certain communities. «Millions of Americans have had their lives destroyed because of our failed cannabis policies, particularly people of color and low-income communities,» the senator explains in a press release.

She has also co-sponsored bills aimed at protecting medical cannabis programs from federal interference, making cannabis research more accessible, and legalizing hemp (It's done today). Above all, she has stood up for patients by advocating for their right to medical cannabis. When Jeff Sessions rescinded the Cole memo, she called the decision «an attack on patients, veterans, and children» and accused him of being «ignorant» and even of «serving the interests of Big Pharma,» which she blames for the opioid overdose crisis currently plaguing the United States. She also views cannabis as an alternative to opioids and has highlighted the paradox of those who argue that more research is needed to legalize medical cannabis, when it is precisely current laws that prevent such research.

Attorney General Sessions' decision to restrict states’ ability to legalize and decriminalize marijuana is either a deliberate disregard for medical science or an act of greed on behalf of the pharmaceutical industry. In either case, it is an attack on patients, and it is wrong. pic.twitter.com/Kiw8nOmPb7

— Kirsten Gillibrand (@SenGillibrand) January 4, 2018

If she were to become president, it’s a safe bet that federal cannabis laws would change. She says it herself: «Cannabis is a matter of social justice and morality that Congress must address to help right decades of injustice caused by our misguided national drug policies.».

Elizabeth Warren

Senator Elizabeth Warren has become a leading figure in the effort to modernize cannabis laws. Rated an "A" by NORML, she has notably sponsored the STATE Act, a bipartisan initiative aimed at protecting states from federal interference.

The federal government needs to stop trying to outlaw marijuana. States should make their own decisions about enforcing marijuana laws.

— Elizabeth Warren (@SenWarren) April 20, 2018

She has also co-sponsored at least six other major pieces of cannabis legislation, including the CARERS Act and the Marijuana Justice Act, the SAFE Banking Act and the Marijuana Businesses' Access to Banking Act since 2015. She also sent a series of letters to the Trump administration to highlight that cannabis is a potential remedy for combating the opioid crisis, to protest federal crackdowns, and to call for the reinstatement of the Cole Memo.

«Our current cannabis policies are unfair and senseless. That's why I'm fighting for reform,» the senator explains on her website. In a press release Following the drafting of the STATES Act, Warren stated: «Outdated federal cannabis laws have perpetuated our flawed criminal justice system, created barriers to research, and hindered economic development.» If she is elected president, she will undoubtedly reform cannabis laws.

Julio Castro

Unlike the other candidates, Julian Castro, former mayor of San Antonio, Texas, and former Secretary of Housing and Urban Development in the Obama administration, has never served in Congress and therefore has not had the opportunity to vote on or sponsor cannabis reform legislation. Nor has he made many statements about cannabis on social media, though he has criticized the Trump administration for attempting to interfere with state cannabis laws. When asked five years ago, he had, however, stated that he believed the issue warranted «closer scrutiny and further analysis.».

A mistake. Colorado and other states have shown that we can sensibly legalize marijuana with reasonable controls. https://t.co/MknXhJ0cnr

- Julián Castro (@JulianCastro) February 26, 2017

Richard Ojeda

A veteran and former member of Congress—a position he stepped down from in November to devote himself fully to his presidential campaign—populist Richard Ojeda has long advocated for cannabis law reform and has been campaigning for the legalization of medical cannabis.

Decriminalizing marijuana is the way forward to give people access to a non-addictive form of pain management. #CannabisIsMedicine https://t.co/6sj16M7Xza pic.twitter.com/40Z5fGeEPt

— Richard N. Ojeda, II (@Ojeda4America) August 21, 2018

When Jeff Sessions rescinded the Cole Memo, the veteran said: « There’s only one way to stop Jeff Sessions from targeting patients. It’s HIGH time to decriminalize cannabis, reclassify it as a Schedule 4 substance, and legalize medical cannabis at the federal level.».

There is only one way to stop Jeff Sessions from targeting patients. It is HIGH TIME to decriminalize marijuana, reclassify it as a Schedule 4 drug, and legalize medical cannabis at the federal level.

I'm ready for the fight. Are you?https://t.co/zbfpNIyS4A pic.twitter.com/A7ZPSYPK0x

— Richard N. Ojeda, II (@Ojeda4America) January 6, 2018

John Delaney

John Delaney, who has represented Maryland in Congress since 2013, entered the presidential race in 2017. He isn't very active on Twitter or in the media, but as early as 2014 He voted in favor of two amendments to protect banks and states from interference by federal laws. When Jeff Sessions rescinded the Cole Memo, he said : «The Cole Memo provided clear guidance for a contentious situation. Its revocation will restore confusion and undermine the will of voters in several states.» Among other things, Delaney received a memo from 100% by Americans for Safe Access, an organization that advocates for the legalization of cannabis.

Cannabis law reform will be an issue in the 2020 presidential race. While legalization is gaining popularity among voters, Democrats and Republicans are taking up the issue as it has also become an election issue. In fact, most of the pro-legalization candidates mentioned here did not support legalization five years ago—and some even opposed it. When asked about the issue in 2014, Kamala Harris had laughed in a reporter's face, Elizabeth Warren had accused one of his opponents of wanting to «take down» the Americans, and Kirsten Gilibrand had voted against an amendment which protected the states in 2007. Should we see this as a form of political opportunism, or simply the end of an era in which policymakers were content with prohibitionist stereotypes about cannabis?